The Care Act – an update

Posted on 14/03/2016

The Care Act came into force last April, so
it has been nearly a year since the first parts of it were implemented
nationwide. Other parts of the Care Act, most notably the care cap of £72,000,
were originally due to be introduced next month, however these have been pushed
back to April 2020.

The key elements of the Care Act included
the right to a free needs assessment from your local council, even if it is
likely you will need to pay for your own care. The council should help you to
find the right care and support services and how to pay for them if you don’t
qualify for financial help, to ensure that your needs are being met. The
council can also arrange care for you, even if you are paying for it, and they
should only charge you the same as someone whose care they are funding.

Another part of the Care Act is the right
to request a Personal
Budget if your care is funded, if you don’t already get one. A report
from the National Audit Office (NAO) found that 500,000 people received
social care funding received a Personal Budget in 2014-2015, with that number
set to increase as the Care Act makes them mandatory. The report shows that
some councils have been struggling to offer this “personalised commissioning”
as they are under pressure to cut costs. 120,000 service users who do receive
direct payments, employ their own paid
carer to supply their care and support services, and this is often a
cheaper option than traditional homecare agencies. In general, however, for
councils to offer a personalised service to its users, costs are
increased.

This need to reduce spending within local
authorities is making it hard for some to comply with the Care Act guidance. An
article on the Community Care website, suggests that some councils are
reducing staff numbers and cutting assessments to lower their costs, which
makes it difficult to deliver on their Care Act requirements.

Another part of the Care Act that is being
hindered by the need to make cuts, is a council’s duty to ensure that people
have access to services to prevent,
reduce or delay the need for care and support. This is supposed to ensure prolonged
independence for people. However, a
report in Public Sector Executive found, via a Freedom of Information
request, that some councils are providing this information online to meet the
requirements of the Act, even though many older people do not use the internet.

So,
one year on, the Care Act is in place, but it appears to be placing new
pressures on councils who are being tasked with providing a national level of
assessment and services, while also being forced to reduce spending and cut
costs.

Our
website has lots of advice and information for Service Users on care
and support, and the options available.